Duties and Responsibilities of the Servicer. (a) The Servicer shall conduct the servicing, administration and collection of the Transferred Loans and shall take, or cause to be taken, all such actions as may be necessary or advisable to service, administer and collect Transferred Loans from time to time on behalf of the Borrower and as the Borrower’s agent.
(b) The duties of the Servicer, as the Borrower’s agent, shall include, without limitation:
(i) preparing and submitting of claims to, and post-billing liaison with, Obligors on Transferred Loans;
(ii) maintaining all necessary Servicing Records with respect to the Transferred Loans and providing such reports to the Borrower, the Managing Agents and the Administrative Agent in respect of the servicing of the Transferred Loans (including information relating to its performance under this Agreement) as may be required hereunder or as the Borrower, any Managing Agent or the Administrative Agent may reasonably request;
(iii) maintaining and implementing administrative and operating procedures (including, without limitation, an ability to recreate Servicing Records evidencing the Transferred Loans in the event of the destruction of the originals thereof) and keeping and maintaining all documents, books, records and other information reasonably necessary or advisable for the collection of the Transferred Loans (including, without limitation, records adequate to permit the identification of each new Transferred Loan and all Collections of and adjustments to each existing Transferred Loan); provided, however, that any Successor Servicer shall only be required to recreate the Servicing Records of each prior Servicer to the extent such records have been delivered to it in a format reasonably acceptable to such Successor Servicer;
(iv) promptly delivering to the Borrower, any Managing Agent or the Administrative Agent, from time to time, such information and Servicing Records (including information relating to its performance under this Agreement) as the Borrower, such Managing Agent or the Administrative Agent from time to time reasonably request;
(v) identifying each Transferred Loan clearly and unambiguously in its Servicing Records to reflect that such Transferred Loan is owned by the Borrower and pledged to the Administrative Agent;
(vi) complying in all material respects with the Credit and Collection Policy in regard to each Transferred Loan;
(vii) complying in all material respects with all Applicable Laws with respect to it, its business and propert...
Duties and Responsibilities of the Servicer a. In addition to any other customary services which the Servicer may perform or may be required to perform hereunder, the Servicer shall perform or cause to be performed through sub-servicers, the following servicing and collection activities in accordance with the Servicing Standard:
i. perform standard accounting services and general record keeping services with respect to the Timeshare Loans;
ii. respond to telephone or written inquiries of Obligors concerning the Timeshare Loans;
iii. keep Obligors informed of the proper place and method for making payment with respect to the Timeshare Loans;
iv. contact Obligors to effect collections and to discourage delinquencies in the payment of amounts owed under the Timeshare Loans and doing so by any lawful means;
v. report tax information to Obligors and taxing authorities to the extent required by law;
vi. take such other action as may be necessary or appropriate in the discretion of the Servicer for the purpose of collecting and transferring to the Indenture Trustee for deposit into the Collection Account all payments received by the Servicer or remitted to the Lockbox Account in respect of the Timeshare Loans (except as otherwise expressly provided herein), and to carry out the duties and obligations imposed upon the Servicer pursuant to the terms of this Indenture;
vii. arrange for Liquidations of Timeshare Properties related to Defaulted Timeshare Loans and the remarketing of such Timeshare Properties as provided in Section 5.3(b) below;
viii. use reasonable best efforts to enforce the repurchase and substitution obligations under the Transfer Agreement and the Loan Sale Agreement;
ix. refrain from modifying, waiving or amending the terms of any Timeshare Loan; provided, however, the Servicer may modify, waive or amend a Timeshare Loan for which a default on such Timeshare Loan has occurred or is imminent and such modification, amendment or waiver will not (i) materially alter the interest rate on or the principal balance of such Timeshare Loan, (ii) shorten the final maturity of, lengthen the timing of payments of either principal or interest, or any other terms of, such Timeshare Loan in any manner which would have a material adverse affect on the Noteholders, (iii) adversely affect the Timeshare Property underlying such Timeshare Loan or (iv) reduce materially the likelihood that payments of interest and principal on such Timeshare Loan shall be made when due; provided, further, the Servicer may grant...
Duties and Responsibilities of the Servicer. Subject to the provisions of this Agreement, the Servicer shall conduct the servicing, management, administration and collection of the Receivable Assets and shall take, or cause to be taken, all actions that (a) may be necessary or advisable to service, manage, administer and collect the Receivable Assets from time to time, (b) the Servicer would take if such Receivable Assets were owned by the Servicer, and (c) are consistent with the Credit and Collection Policies. The Servicer shall also perform on behalf of, and as directed by, the Issuer (i) all of the Issuer’s obligations under the Indenture other than any obligations to pay money and any obligations to be performed by the Administrator under the Administration Agreement and (ii) any action that the Issuer may request the Servicer to take on the Issuer’s behalf under the Intercreditor Agreement. Management of Equipment shall include sale, re-lease, continued use or other disposition of such Equipment if and in the manner permitted under the related Contract and in accordance with the Credit and Collection Policies. To the extent a sale, re-lease, continued use or other disposition of Equipment is permitted under the related Contract, the Servicer shall arrange for such a sale, re-lease, continued use or other disposition of the Equipment.
Duties and Responsibilities of the Servicer. Subject to the provisions of this Agreement, the Servicer shall conduct the servicing, administration and collection of the Transferred Receivables and shall take, or cause to be taken, all actions that (i) may be necessary or advisable to service, administer and collect each Transferred Receivable from time to time, (ii) the Servicer would take if the Transferred Receivables were owned by the Servicer, and (iii) are consistent with industry practice for the servicing of such Transferred Receivables.
Duties and Responsibilities of the Servicer. Subject to the provisions of this Agreement, the Servicer shall conduct the servicing, administration and collection of the Loans and shall take, or cause to be taken, all actions that (a) may be necessary or advisable to service, administer and collect the Loans from time to time, (b) the Servicer would take if the Loans were owned by the Servicer, and (c) are consistent with the Credit and Collection Policies. The Servicer shall also perform on behalf of, and as directed by, the Issuer all of the Issuer’s obligations under the Indenture other than any obligations to pay money and any obligations to be performed by the Administrator under the Administration Agreement.
Duties and Responsibilities of the Servicer. (a) Subject to the provisions of this Agreement, the Servicer shall conduct the servicing, administration and collection of the Transferred Receivables and shall take, or cause to be taken, all actions that (i) may be necessary or advisable to service, administer and collect each Transferred Receivable from time to time, (ii) the Servicer would take if the Transferred Receivables were owned by the Servicer, and (iii) are consistent with the Credit and Collection Policies and industry practice for the servicing of accounts receivable similar to such Transferred Receivables.
(b) In addition to the foregoing, in order to ensure that Buyer has adequate funding for the purchase of Receivables hereunder, the Servicer shall be responsible for the following:
(i) preparation and delivery on behalf of Buyer of all Borrowing Requests, Repayment Notices, Borrowing Base Certificates, Monthly Reports, Weekly Reports and Daily Reports required to be delivered under the Funding Agreement;
(ii) calculation and monitoring of the Borrowing Base and the components thereof, and determination of whether the Receivables included in the calculation of the Net Receivables Balance are in fact Eligible Receivables; or
(iii) establishment, maintenance and administration of the Lockboxes and the Accounts in accordance with Article VI of the Funding Agreement.
Duties and Responsibilities of the Servicer. (a) The Servicer shall conduct the servicing, administration and collection of the Transferred Receivables and shall take, or cause to be taken, all such actions (i) as may be necessary or advisable to service, administer and collect each Transferred Receivable from time to time; (ii) as the Servicer would take if the Transferred Receivables were owned and serviced by the Servicer, and (iii) as are consistent with industry practice for the servicing of such Transferred Receivables.
(b) The Purchaser, the Operating Agent and the Collateral Agent shall not have any obligation or liability with respect to any Transferred Receivables or related Contracts, nor shall any of them be obligated to perform any of the obligations of the Servicer hereunder.
Duties and Responsibilities of the Servicer. (a) The Servicer shall manage, administer, monitor and service the Auto Loans, including providing data management, payment processing and customer service. In performing its duties hereunder, the Servicer shall have full power and authority to do or cause to be done any and all things in connection with such servicing and administration which it may deem necessary or desirable, within the terms of this Agreement (the "Servicer Duties"). Prior to a resignation or termination of the Servicer pursuant to Sections 2.10 or 2.12, without limitation of the servicing standard set forth in Section 2.01, the Servicer will provide the following services (together with other activities not inconsistent with the description below and implicitly necessary to accomplish the usual and customary activities, of a subprime automobile loan servicer):
Duties and Responsibilities of the Servicer. 35 SECTION 5.4. Servicer Events of Default. 38 SECTION 5.5. Accountings; Statements and Reports. 42
Duties and Responsibilities of the Servicer. Servicer agrees to service the Mortgage Loans on behalf of Owner, its successors and assigns, in accordance with the provisions of this Servicing Agreement and the Standard Terms Agreement.
